Treaty Settlement Negotiations & Legislation

Treaty Negotiations

In 2010 treaty settlement negotiations between Te Au Maaro o Ngāti Pūkenga (“Te Au Maaro”) and the Crown began in earnest. Due to the geographical spread of Ngāti Pūkenga, negotiations were split between two Crown negotiation regions (Tauranga and Hauraki) and between individual and Collective negotiations.

To deal directly with the Crown in negotiations, Te Au Maaro appointed a Negotiations Team called Te Matakahi. Te Matakahi is the wedge battle formation who go forth to split the enemy ranks, in this case, the Crown. This team consisted of:

Rahera Ohia (Lead Negotiator)

Shane Ashby (Negotiator)

Awanui Black (Negotiator)

Harry Haerengarangi Mikaere (Negotiator)

Areta Gray (Manager)

Dominic Wilson (Legal counsel)

Te Matakahi were mindful of the need to negotiate a settlement that would be acceptable to the people of Ngāti Pūkenga but at the same time, were aware that there are limits to what the Crown is able to offer through the settlement process.

Ngāti Pūkenga Settlement

It took three years before Te Au Maaro and Te Matakahi were able to place a settlement package before the iwi for approval.

This package related to redress specific to Ngāti Pūkenga.

Support for both the settlement package and the proposed new entity (Te Tāwharau o Ngāti Pūkenga) that would be established to receive the settlement assets was overwhelming. As a result, Ngāti Pūkenga signed our Deed of Settlement with the Crown at Te Whetu o Te Rangi Marae, Tauranga on 7 April 2013.

During 2013 and 2014, further redress was negotiated through the Collective negotiations in both Tauranga and Hauraki specifically for Ngāti Pūkenga. Our final settlement package therefore consists of:

An agreed historical account of the relationship between Ngāti Pūkenga and the Crown

Statutory Acknowledgements

Along the coast from the western boundary of the Te Tumu block to Little Waihi estuary

Along the coast from Waikaraka to Pārua Bay, Whangarei

Revitalisation cash

$500,000 for cultural revitalisation

$180,000 for Manaia marae revitalisation

Relationship redress

Support from Ministry for Business, Innovation and Employment

Protocols and relationships with a number of other government departments, Councils and tertiary institutions

Financial and commercial redress

$7 million

Te Kapua (20 hectares in Tauranga) at no cost

14 residential sections in Bethlehem (purchased from the Crown for $1.88 million and sold for a net profit before tax of over $1.4 million)

Manaia school (to be purchased and shared equally with Ngāti Maru and Ngaati Whanaunga, subject to a leaseback to Ministry of Education)

25% share in Tauranga Girls College and Gate Pa Primary (to be purchased subject to a leaseback to Ministry of Education with the other 75% share to be held by Ngāti He/Ngai Te Rangi)

Right of First Refusal over Tauranga Intermediate and the Ministry of Defence property on the corner of Eleventh Avenue and Devonport Road, Tauranga

Tauranga Moana Iwi Collective

In Tauranga, Ngāti Pūkenga, Ngai Te Rangi and Ngāti Ranginui formed the Tauranga Moana Iwi Collective (“TMIC”) to negotiate redress which is shared by the three iwi.

All three iwi ratified the TMIC settlement package at the end of 2012 but overlapping claims and then internal disagreements conspired to ensure that to date, the TMIC settlement remains uncompleted.

Overlapping claims have finally been resolved however, so that TMIC is working towards signing the TMIC Deed before Christmas 2014. Shared redress in the TMIC Deed includes:

Cultural

A co-governance/co-management Framework for Tauranga Moana

Conservation redress

Joint management arrangments for the Mauao Historic Reserve

Commerical and Financial

$250,000 cash (15% for Ngāti Pūkenga)

40% of Athenree Forest and the accumulated rentals (15% for Ngāti Pūkenga)

The changes to the TMIC Deed that was ratified in 2012 were approved in July 2014 by the three iwi.

Due to overlapping claims issues with Hauraki, the TMIC Deed was not signed until January 2015. As Hauraki have filed Waitangi Tribunal proceedings regarding the Moana Framework, the TMIC legislation will not be introduced to the House until these proceedings are resolved.

For the past four years, the Hauraki Collective has been negotiating redress which will be shared by all twelve iwi such as (but not limited to):

Cultural Redress – this includes the return of large areas of Te Aroha and Moehau subject to reserve status; co-governance of the Piako and Waihou awa; Conservation Land redress; and $3 million for Te Reo

Commercial Redress – this includes the opportunity to purchase the Landcorp farms of Pouarua and Whenuakite (not all of the Pare Hauraki iwi have or will purchase a share in these farms); five Crown Forests; and Rights of First Refusal. Redress in respect of minerals is also being sought.

Financial Redress – the Crown offered $100 million to the twelve iwi of Hauraki. The iwi were unable to allocate this amount amongst themselves by agreement and so the Crown offered it’s view which ultimately, became the quantum amount for eleven of the twelve iwi. Out of $100 million, Ngāti Pūkenga was offered $2 million.

The Hauraki Collective was looking to reach agreement with the Crown by the time of the General Election in September 2014. Ten of the other eleven iwi were also looking to reach agreement with the Crown in respect of their individual negotiations at the same time (note Ngāti Porou ki Hauraki have withdrawn from negotiations). This proved more difficult than expected however, with only Ngāti Pūkenga able to finalise our individual settlement before the General Election.

The Hauraki Collective was aiming to initial the Hauraki Collective Deed by Christmas 2014, with ratification to occur in early-mid 2015, but this timeframe was always going to be problematic for the Crown. Furthermore, now that five of the Hauraki iwi have filed proceedings in the Waitangi Tribunal in respect of the Tauranga Moana Framework, the Minister has suspended Collective negotiations. Completing the Hauraki Collective Deed is therefore in limbo at this time.

Legislation

Once the TMIC Deed has been signed, our settlement will go through the legislative process so that it becomes law. This involves:

FIRST READING
Our Settlement Bill will be introduced to Parliament and read for the first time. It will then be referred to a Select Committee (most likely the Maori Affairs Select Committee) which will hear all submissions from anyone to chooses to comment on our Bill.

SECOND READING
The Select Committee will report back to Parliament on the submissions and approve (or not) our Settlement Bill. When they approve our Bill, it will be read for a second time.

THIRD READING
This is the last time our Bill will come before Parliament. Once it has been passed by the House, our Bill will be signed by the Governor-General and become law. The settlement assets will then be transferred to Te Tāwharau o Ngāti Pūkenga on behalf of Ngāti Pūkenga.

Ngāti Pukenga Iwi

Information Booklet

For Ratification of the Deed of Settlement and Proposed Post Settlement Governance Entity.
You can download a copy of this document by clicking on the link below.